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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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If my car is declaired a total loss and I owe 800 on the lein

Customer Question

If my car is declaired a total loss and I owe 800 on the lein but the value of my vehicle is 6400 does the insurance company pay the leinholder the entire 6400 or just the 800. the reaso I ask is because my vehicle is declared a total loss I owe 800 dollars on the purchase of the vehicle and the car dealer has added 2000 dollars before they will release my title to me due to a engine replacement the provided 1 month after i purchased the vehicle
Submitted: 2 years ago.
Category: Legal
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is Alex and I will be happy to answer your question.

Unfortunately, according to the terms of JustAnswer.com legal experts such as myself are strictly prohibited from providing JustAnswer.com customers with any type of legal advice and we can only provide customer with general legal answers.

Do you understand, agree and want me to proceed with an answer to your question?

Please answer "YES" or "NO"
Customer: replied 2 years ago.
yes
Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.

Was the engine replaced by the dealer and you did not pay for the replacement?

Does the dealer have a lien on the vehicle and would not release it unless you pay them additional $2000 for the repairs?
Customer: replied 2 years ago.
Thank you for you promt responce I'll explain in a timeline if this is okay
In Oct 2011 I went to a local Used Car Dealer I purchased a 1999 Ford Expedition "in house financed" for 6,999 I put 3000 down and was to pay 380 a month for 10 months


On November 20th 2011 the vehicle broke down I paid to have it taken to a mechanic the mechanic told me that the motor was bad and the engine needed to be replaced ... I contacted the dealer and explained the problem and told them I could not afford to put a engine in a vehicle I just put 3000 dollars down on and that I may have to return it they said they would come up with something and had the vehicle picked up and took it to there mechanic,there mechanic purchaced a used engine with 140,000 miles on it and installed it the car dealership said that because the car was as is I was responcible for this repair 2,200 and that i could just make payments on the engine after i was done paying off my truck even tho I did not think this was right i said okay because I had just given them all the money I had to secure transportation. and would be out 3000 dollars .


Decenber 20 after a long wait without transportation I finally got the truck back it had a 90 day warranty this time on the engine about 2 weeks later my truck broke down again and they had it towed to there mechanic and worked on and they said it was the spark plugs about two weeks later this happened again and they did the same thing then about a month later again and no mention of charges incured because i was under the impression the warranty was covering it after the warranty expired the same thing happened 2 more times i paid out of pocekt 400 dollars .


July 24 my truck was vandalized and I reported it to my insurance agency yesterday my truck was declaired a total loss 6400 is the value to be paid by the insurance agency I owe 800 dollars on the purchase of the vehicle the insurance company needs the title to pay .....


earlier today I went to pay off the Truck so I could get the title the Dealership informed me they would not release my title untill the balance of the repairs was satisfied plus the cost of the two times the vehicle was serviced under the warranty bringing the total to get the title to 3400 dollars even though I did not make a legall agreement to pay the repair cost prior to reccieving my title .I was supposed to start paying after my truck was paid off what happens in this situation what should I do? what does the insurance company do pay them 800 and me the balance or then 6400 they take what they want and give me the rest?
Expert:  Alex J. Esq. replied 2 years ago.
Dear Carlita,

Thank you for your follow up.

Unfortunately, if you owe $800 on the car loan and also additional $2600 for the repairs on the truck to the dealer, you would need to speak to the dealer's general manager and arrange for the dealer to contact the insurance company and let them know that the proceeds of the $6400 would be split for the $3400 to go to the dealer and the remaining balance of $3,000 can be issued to you.

It is likely that the management of the dealership will require you to sign an assignment of the insurance proceeds to the dealer, so the insurance company can release the entire $6400 to the dealer in exchange for the title to the vehicle and the dealer will disburse the $3000 that you are entitled to.
Customer: replied 2 years ago.
while waiting for your responce I spoke with the adjuster and the adjuster notified me that If i give the dealership the 800 balance owed on the purchase price then legally the truck is paid off ? and the payment goes to me
Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.

Unfortunately, if the repairs were made on the truck, for which you had agreed to pay and the repair bill is outstanding, the dealer can legally put mechanic's lien on the truck and its title and does not have to release the titled until the outstanding repair bill are paid for in full.

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